BASHAM NEWS

POWER OF THE FEDERAL ATTORNEY GENERAL'S OFFICE VIOLATES INDIVIDUAL'S PRIVACY RIGHTS, RESOLVED THE FIRST CHAMBER OF THE SUPREME COURT OF JUSTICE OF THE NATION.

Mexico City, February 1st, 2023.

In January 2023, the First Chamber of the Supreme Court of Justice of the Nation («SCJN») settled the unconstitutionality of Article 142, Section I of the Law of Credit Institutions. According to such article, Credit Institutions were obligated to provide news or information regarding deposits, operations or services of an individual’s account when requested for criminal purposes by the Attorney General of the Republic (or the public servant to whom the Attorney General delegates his powers), and without judicial authorization.  The First Chamber emphasized that judicial control in criminal matters was designed as a mechanism for the protection of fundamental rights. Therefore, judicial authorization is mandatory when the act of investigation constitutes a violation of the rights recognized in the Constitution and in international treaties. In this sense, allowing the Public Prosecutor’s Office to request the banking information of a person subject to an investigation, without judicial authorization, would violate the right to privacy.

Undoubtedly, it is an important precedent regarding the right to privacy of individuals against arbitrary interventions of the authority.

To access the SCJN’s press release, please click on the following link.

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Adolfo Athié

aathie@basham.com.mx

 

Renata Bueron

rbueron@basham.com.mx

 

Erika Rodriguez

erodriguez@basham.com.mx

 

Ivan Garcia

igarcia@basham.com.mx